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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for certain complaints made against and |
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disciplinary proceedings involving a physician. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.051, Occupations Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The board may not consider or act on a complaint |
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unless the complaint is sworn and notarized. |
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SECTION 2. Section 154.0561, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The board shall notify a physician who is the subject of |
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a complaint reviewed under this section of the identity of each |
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expert physician participating in the review. |
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SECTION 3. Section 164.003(f), Occupations Code, is amended |
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to read as follows: |
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(f) The notice required by Subsection (b)(2) must be |
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accompanied by a written statement of the nature of the allegations |
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and the information the board intends to use at the meeting. If the |
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board does not provide the statement or information at that time, |
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the license holder may use that failure as grounds for rescheduling |
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the informal meeting. If the complaint includes an allegation that |
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the license holder has violated the standard of care, the notice |
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must include a copy of each report prepared by an expert physician |
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reviewer under Section 154.0561 and the name of each reviewer who |
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prepared a report. The license holder must provide to the board |
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the license holder's rebuttal at least 15 business days before the |
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date of the meeting in order for the information to be considered at |
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the meeting. |
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SECTION 4. Section 164.0031, Occupations Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Not later than the third day before the date of an |
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informal meeting or other informal proceeding, the board must give |
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notice to the affected physician of the identity of each panelist |
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conducting the meeting or proceeding. |
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SECTION 5. Section 164.005, Occupations Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) The copy of the charges served on the respondent or |
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the respondent's counsel of record under Subsection (d) must |
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include: |
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(1) the identity of any expert the board intends to |
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present testimony in a formal hearing on the charges; and |
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(2) a copy of any written report regarding the |
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respondent prepared at the request of the board by an expert |
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required to be identified under Subdivision (1). |
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SECTION 6. Subchapter A, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0065 to read as follows: |
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Sec. 164.0065. EXPERT TESTIMONY IN FORMAL HEARING. |
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Notwithstanding any provision of Chapter 2001, Government Code, |
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the board may not present testimony from an expert in a formal |
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hearing before the State Office of Administrative Hearings unless |
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the expert is identified under Section 164.005(d-1). |
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SECTION 7. Section 164.003(f-1), Occupations Code, is |
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repealed. |
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SECTION 8. The changes in law made by this Act apply only to |
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a complaint under Chapter 154, Occupations Code, or disciplinary |
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action under Chapter 164, Occupations Code, initiated on or after |
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the effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2025. |